Tennessee Senate Bill SB2398

Tennessee 2025-2026 Regular Session

• Introduced: 2/2/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 9 and Title 47, Chapter 18, relative to consumer protection.

Impact

The implementation of SB2398 would significantly alter the landscape of online platform operations in Tennessee. By obligating these platforms to maintain records of user reports and actions taken for three years, it establishes a more transparent process regarding the handling of harmful content. Additionally, the bill empowers the attorney general to investigate compliance and seek penalties for systematic failures in responding to user reports, establishing a legal framework for enforcement. This could lead to more responsible content management practices across platforms frequented by minors.

Summary

Senate Bill 2398, proposed in Tennessee, focuses on enhancing consumer protection, particularly concerning online platforms that host user-generated content. The bill introduces a comprehensive framework that mandates covered platforms, defined as those with over ten million monthly active users and that allow posting of material harmful to minors, to implement stringent content moderation systems. These systems are required to enable users to report harmful content, and the platforms must acknowledge receipt of these reports within 48 hours and take appropriate action within seven business days. This move aims to improve accountability among large online platforms and enhance the safety of minors online.

Contention

A notable point of contention surrounding SB2398 is the balance it strikes between enhancing user safety and potentially infringing on the operational freedoms of platforms. Critics may argue that stringent reporting and moderation requirements could hinder free expression or force platforms to engage in excessive censorship to avoid liabilities. Furthermore, there are concerns regarding the effectiveness of age verification methods and the potential for user privacy to be compromised in the pursuit of compliance with the new regulations. Some stakeholders might perceive these mandates as a significant regulatory burden that could stifle innovation in online services.